IN THE CASE OF:	

		BOARD DATE:	 4 February 2010 

		DOCKET NUMBER:  AR20090013916 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that he be awarded the Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign Medal (RVNCM) with Device (1960).

2.  The applicant states that he served in Vietnam and was not awarded the VSM or the RVNCM.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 6 December 1962 for a period of 3 years and training as a communications center specialist.  He completed his basic training at Fort Polk, Louisiana, and his advanced individual training at Fort Gordon, Georgia before being transferred to Korea for a 1-year tour.  He completed his tour in Korea and was transferred to Fort Eustis, Virginia, where he remained until he was transferred to Vietnam with Headquarters and Headquarters Company, 4th Transportation Command, on 16 July 1965.

3.  He departed Vietnam on 24 November 1965 and was transferred to Oakland Army Base, California, where he was honorably released from active duty (REFRAD) on 30 November 1965 as an overseas returnee.  He had served 2 years, 11 months, and 25 days of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Army Good Conduct Medal.

4.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the VSM.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

5.  Army Regulation 600-8-22 provides, in pertinent part, for award of the RVNCM with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the RVN required the individual to provide direct combat support to the RVN and Armed Forces.  Individuals who had qualified for award of the VSM or the Armed Forces Expeditionary Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the RVNCM with Device (1960).

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register - Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that subsequent to the applicant's departure from Vietnam, his unit was awarded the Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation and the applicant participated in one campaign which entitles him to wear one bronze service star on his VSM.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the VSM has been noted and found to have merit.  He served the prerequisite time in Vietnam to qualify for award of the VSM and should be awarded the VSM with one bronze service star to denote his campaign participation at this time.

2.  The applicant's contention that he should be awarded the RVNCM with Device (1960) has been noted and found to lack merit.  He was required to serve at least 6 months in Vietnam to qualify for award of the RVNCM with Device (1960) unless he was evacuated sooner due to being wounded or injured.  Accordingly, he is not entitled to award of the RVNCM with Device (1960).

3.  However, the evidence of record does show that his unit was subsequently awarded the RVNGC with Palm Unit Citation.  Accordingly, his records should be corrected to reflect that award at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the VSM with one bronze service star and by showing that he is authorized to wear the RVNGC with Palm Unit Citation.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the RVNCM with Device (1960).



3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________X______________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090013916



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ABCMR Record of Proceedings (cont)                                         AR20090013916



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